Algemene voorwaarden

1. Definitions

In these terms and conditions, the following definitions apply:

• Webosa: the supplier of hosting, domain registration, e-mail, cloud storage, VPS, security services, software modules and related IT services.

• Customer: any natural person or legal entity that enters into an agreement with Webosa.

• Services: the products and services supplied by Webosa, such as hosting, domain names, e-mail, VPS, SSL certificates, monitoring, backup services, anti-DDoS, development tools and security services.

• Third-party software: software, plug-ins, scripts, CMS modules or applications that have not been developed by Webosa.

• SLA: the Service Level Agreement setting out performance levels, response times and availability guarantees.

• Force majeure: situations beyond Webosa's sphere of influence, such as network failures, data centre problems, war, government measures, power outages, pandemics or cyberattacks.

2. Applicability

• These terms and conditions apply to all offers, agreements and services of Webosa.

• The SLA, the privacy statement, the data processing agreement (verwerkersovereenkomst) and the right of withdrawal (herroepingsrecht) form an integral part of these terms and conditions.

• Deviations from these terms and conditions are only possible in writing.

• By placing an order, the customer actively accepts these terms and conditions. Consumers are informed of these terms and conditions and of their right of withdrawal before the agreement is concluded.

3. Formation of the agreement

• An agreement comes into being as soon as:

• a customer creates an account,

• or places an order via the Webosa website.

• Once a service has been created, invoicing takes place automatically in accordance with the rates stated on the website.

4. Term and renewal

• Hosting, e-mail and related services are entered into per contract period (standard 12 months; optionally 24 or 48 months at a discount) and are each time automatically renewed for an identical period, unless terminated in good time.

• For consumers, the agreement continues for an indefinite period after the first contract period and can be terminated at any time with a notice period of no more than one month (in accordance with the Wet van Dam).

• A VPS is billed either monthly or annually, at the customer's choice, and is automatically renewed each time.

• Domain names apply for 12 months and are renewed automatically. Paid SSL certificates apply for 12 months and are not renewed automatically; the free SSL (Let's Encrypt) included with hosting renews automatically.

• Downgrading is possible with effect from the end of the current contract period.

5. Obligations of the customer

• The customer must provide correct contact details and keep them up to date.

• The customer is responsible for all activities that take place via his account or servers.

• The customer must ensure secure passwords, the security of his own applications and timely updates.

• Misuse (spam, malware, bots, fraudulent websites) leads to immediate suspension.

6. Services, performance and maintenance

• Webosa provides services on the basis of a best-efforts obligation (inspanningsverplichting), unless otherwise agreed in the SLA.

• Maintenance may lead to temporary limited unavailability. Where possible, the customer is informed in advance.

• Webosa does not guarantee compatibility with:

• specific customer software,

• plug-ins,

• themes,

• custom applications,

• external APIs.

• The customer is himself responsible for updates, patches, security settings and optimisation of his own systems, unless a maintenance subscription has been taken out for this purpose; in that case Webosa carries out the work described in that subscription.

• Backups are performed in accordance with product specifications—never guaranteed to be complete or error-free.

7. Backups, data loss and data consistency

• Webosa takes reasonable measures for backup and storage, but offers no guarantee that:

• data has been stored in full,

• backups are complete, intact, or recent,

• data is consistent after restoration.

• The customer remains ultimately responsible for making his own offline and redundant backups.

• Webosa is not liable for data loss caused by:

• hacks or infected scripts of the customer,

• incorrect configurations,

• human error on the part of the customer,

• third-party software,

• server crashes or hardware failure beyond our sphere of influence.

8. Domain names and SSL

• Webosa acts as an intermediary with registries.

• Registration or renewal can never be guaranteed; the registry always has the final say.

• The customer is responsible for timely renewal if automatic renewal has been switched off.

9. Payment and rates

• All recurring services are invoiced in advance.

• The payment term is 14 days.

• In the event of repeated exceeding of limits (traffic, storage, CPU, RAM), Webosa may upgrade automatically after prior notification.

• Rates may be changed with a notice period of 30 days.

• If payment is not made, Webosa may suspend or terminate services.

10. Responsible use and prohibited activities

It is prohibited to use services for:

• spam, bulk mail, phishing, malware, hacks;

• hosting of illegal content;

• high-risk activities such as cryptomining without permission;

• botnets, proxies, TOR exit nodes;

• activities that harm infrastructure, the SLA or network performance.

Webosa may suspend accounts immediately in the event of a breach.

11. Third-party software, plug-ins and customer applications

Webosa fully disclaims all liability for third-party software.

This means:

• Webosa offers no guarantee as to the security, performance or stability of plug-ins, scripts, themes or software that has not been developed by Webosa.

• The customer is fully responsible for:

• updates,

• configuration,

• patching,

• licences,

• security,

• compatibility.

• Damage caused by exploits, hacks or conflicts in third-party software is entirely for the account of the customer.

• Webosa has the right to block scripts or plug-ins that pose a risk with immediate effect.

12. Liability

12.1 General

• Webosa is exclusively liable for direct damage that is the demonstrable consequence of an attributable failure (toerekenbare tekortkoming).

• Webosa's liability is always limited to the lowest of the following amounts:

• the total amount paid by the customer in the past 12 months, with an absolute maximum of € 500;

• or the amount paid out by the insurer.

• For business services this limit applies in full, unless a deviating (bespoke) SLA has been agreed in writing. For consumers these limitations apply only insofar as mandatory consumer law permits.

12.2 Exclusions Webosa is never liable for:

• consequential damage;

• lost profit, turnover or contracts;

• data loss, data corruption, delayed processing;

• SEO damage or loss of turnover due to downtime;

• damage caused by hacks, malware, brute-force attacks;

• DDoS attacks;

• errors in third-party software;

• failures at registries, data centres, upstream providers;

• acts of the customer, his personnel or third parties.

12.3 Data, migrations and changes Webosa is not liable for:

• errors during migrations from or to other providers;

• inconsistent data during migrations;

• changes that the customer carries out himself in DNS, configurations, PHP settings, database structure.

12.4 Interruptions

• Temporary interruptions due to maintenance, failures or updates do not fall under liability.

• SLA compensation is exclusively limited to the credits described in the SLA—never financial compensation for damages.

13. Suspension and termination

• Webosa may suspend services in the event of non-payment, misuse or security risks.

• Business services can be terminated with effect from the end of the current contract period with a notice period of one month; for consumers a notice period of no more than one month applies after the first period.

• A domain name must be cancelled no later than before the renewal date; otherwise it is automatically renewed for 12 months.

• The customer must secure his own data before termination; deleted data is unrecoverable.

14. Force majeure

Situations such as data centre problems, war, pandemics, cyberattacks or network failures qualify as force majeure. Webosa is not liable for damage and does not have to provide SLA compensation during force majeure.

15. Applicable Law

All agreements are governed by Dutch law. Disputes are submitted to the competent court in the district of Noord-Nederland, unless a mandatory statutory provision designates a different court. If Webosa invokes this court, a consumer may, within one month, opt for the court that is competent under the law.